2. The costs of lawsuit shall be borne by the Plaintiff.

A. On June 2013, Defendant B entered into a remodeling construction contract (hereinafter “instant construction contract”) with the Plaintiff, setting the construction cost of the building Asan City D (hereinafter “instant building”) owned by Defendant B as KRW 95,000,000.

B. The content of the instant construction contract concerning additional construction works is as follows.

Article 9 If the contents mentioned orally other than the construction contract cause a rise in the construction cost, it shall be recognized and reflected in the settlement after completion after consultation.

C. Defendant B paid KRW 155,00,000 to the Plaintiff as the construction cost by reflecting the portion of the additional construction work in addition to the construction cost under the instant contract.

Defendant C is the husband of Defendant B.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The Plaintiff asserted that the Plaintiff had a construction work for remodeling the instant building. Since the Defendants did not pay KRW 63,400,000 out of the additional construction cost, the Defendants are jointly and severally liable to pay the additional construction cost.

3. In the case of a contract for construction works for which the total construction cost has been determined, the contractor is not obligated to pay the contractor the amount exceeding the original construction cost as the construction cost, except in extenuating circumstances. However, if the contractor had an additional construction work not under the contract, there is only room for paying the additional construction cost.

In addition, for the alteration of the contents of construction and the payment of additional construction cost, there was an additional construction work that had not been the original contract in the completed construction work, and it should be assumed that there was an agreement between the contractor and the contractor.

(See Supreme Court Decision 2005Da63870 Decided April 27, 2006). As to the portion of the additional construction for which the Plaintiff seeks additional payment in addition to the construction cost received from the Defendant B, the additional construction is subject to an agreement with the Defendant B.